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Home My WebLink About2012-167 lb/ a1�/� AGRREEMENT c:2 O !a2 " l fiI THIS AGREEMENT made and entered into this 25 day of January , 2012_, by and between Siemens Industry, Inc . Building Techniologies Division , hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER . WITNESSED : That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named , agree as set forth below : Article 1 . SCOPE OF WORK As per specifications of advertised and sealed bid in Indian River County Bid # 2012016 Indian River County Fire Alarm System Replacement ; CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of Three Hundred and Fifty Six Thousand and Nine Hundred and Seventy Nine and XX/ 100 ( $ 356 , 979 . 00 ) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION 300 Days from receipt of the Notice to Proceed . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The OWNER and CONTRACTOR agree to maintain records, invoices , and payments for the work . The CONTRACTOR shall provide Performance Bonds for all work in this Agreement . All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness , and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR , and his decision thereon shall be final and conclusive ; and such determination and decision , in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction , including appeal , if any , may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work: set forth in the CONTRACTOR ' S Bid Form . Article 5 . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed , in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion . The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that the work has been completed to his satisfaction , in compliance with the Contract. The Certificate of Acceptance shall not be issued until completed Asbuilt drawings of the actual construction have been furnished to the OWNER and verified . In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER ' S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract . Article 6 . THE CONTRACT DOCUMENTS The General Conditions, Special Conditions , Specifications, Bid Documents , Insurance Requirements (Exhibit A ) , Bonds , and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein . Article 7 . VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party, or otherwise arising out of this agreement shall be in Indian River County , Florida, or in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . ADOENX Z (Contractor) ---- A" A°'E° K' TO15 (Owner) INCORPORATED HER] AND MADE a " PART NENFOF W FUNS REFERENCE ^NA IIAVII AIIy„NA Sieme Industr I BuildingIndustries) Indian River County , FlowS S 10 1 N s400�gf * aL odd Gali , South At anic Zone Manager ' ' �" •• I IF tPeter D . O Bryan , Vice r 4 t- S� •: 90 Witnessed by : u ��; , ��t' .� . �t' , J� jf {�( ( t Approved by BCC October` 2_ ;. _ 201 �" ' Attest : Jeffrey , R . Smith , of nJl�`rk�` APPROVED of C�x"t and Co„ tro ler mom B _ . 4ro Z' N � Joseph A . 94ird County Administrator Deputy Clerk Approved as ,to Form and Leg Sufficiency =C unty Attorney Addendum 2 to Agreement between Indian River County ("Owner" or "County") and Siemens Industry, Inc., Building Technologies Division ("Contractor") Dated : January 24, 2012 r. 0910412012,r 0911212012 Owner and Contractor agree to modify the Agreement between the parties dated January 25 , 2011 as follows, where the Terms and Conditions of the Document conflict with or differ from the Terms and Conditions of this Addendum , the provisions of this Addendum will control , and notwithstanding anything herein to the contrary, no reference to or incorporation of any contract, specification or document other than the Agreement and this Addendum shall grant rights to or impose any obligations upon either party relative to warranty, indemnity, insurance , delay , liquidated damages, payment or rights to drawings, computer code or other proprietary information : Article 6, The CONTRACT DOCUMENTS, also Agreement Sample, modify as follows : " The General Provisions, Serditieas-SPesiai G.enditiens , Specifications , Bid Documents which include only the RFP and Addendum No. 1 , Insurance Requirements (listed in General Provisions) , Exhibit A Bonds , and the Drawings, together with this Agreement . . . " GENERAL PROVISIONS INSURANCE REQUIREMENTS, modify as follows, " . . . policies. ; @Rdersernents- The insurance requirements shall remain in effect. . " ALSO modify the following : " Each insurance policy shall include the following conditions by endorsement to the policy : 1 . Each policy shall require that thirty (30) . . . nonrenewal , or any material change in coverage or limits, a notice thereof shall be given to County by certified U . S . Postai mail to: Indian River County . . . any notices of expiration , cancellation , nonrenewal , or material change received by said contractor form its . . . " The parties agree that this addendum modifies the Agreement between the parties dated January 25 , 2011 and is incorporated therein by this reference . Owner or ou ty : Indi River Cou nil Contractor: Siem�{ s Indust cj a•°� �yoin .nlss °H.", e . Peter D . O ' Bryan , Vice Chairman Name : Q0 ' v Todd Galimidi • : * '; Zone Manager * ' ATThST • Jeff ey R . Smith C :Lerk South Atlantic of ourt a C Pt r ller o 6y Frl co a ., . ... a Deput ='Cl r . My YY YYY YYYYYY Indian_River_County_ AEMA-AF14V0